Benton v. Alabama, State of, No. 2:2019cv00889 - Document 13 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/10/2020. (KAM)
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Benton v. Alabama, State of Doc. 13 FILED 2020 Jun-10 AM 11:53 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION COREY EUGENE BENTON, Petitioner, v. STATE OF ALABAMA, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 2:19-cv-00889-RDP-HNJ MEMORANDUM OPINION On May 7, 2020, the Magistrate Judge entered a Report and Recommendation (Doc. 12) recommending the petition for writ of habeas corpus (Doc. 1) be dismissed without prejudice for failure to comply with 28 U.S.C. § 2244(b)(3)(A). (Doc. 12 at 5-6). Petitioner was informed of his right to object. (Doc. 12 at 7-8). No objections have been filed. After careful consideration of the record in this case and the Magistrate Judge’s Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge and ACCEPTS his Recommendation. In accordance with the Recommendation, the court finds that the petition for writ of habeas corpus is due to be dismissed without prejudice. A separate final judgment will be entered. DONE and ORDERED this June 10, 2020. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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